f. Other Government Officials and Employees (RA 6713, Sec. 7(b)(2))

Other Government Officials and Employees (RA 6713, Sec. 7(b)(2))

Concept

Public office does not automatically authorize a lawyer to maintain a private practice. Under Section 7(b)(2) of RA 6713, a public official or employee may practice a profession during incumbency only if the Constitution or a law authorizes it and the practice does not conflict, or tend to conflict, with official functions. The rule applies to the private practice of law by government lawyers. (Sec. 7, Rep. Act No. 6713)¹

Governing provisions

RA 6713, Section 7(b)(2) supplies the rule on private professional practice during incumbency and addresses practice after separation. CPRA Article 28 requires lawyers in government service to observe the CPRA, RA 6713, and related laws and issuances in performing their duties. A CPRA violation may result in disciplinary action separate from liability under other laws or rules. (Sec. 7, Rep. Act No. 6713)¹ (Art. 28, CPRA)²

Requisites / Rules

• During incumbency: Private practice must be authorized by the Constitution or law. Authorization alone is insufficient: the practice must neither conflict nor tend to conflict with the official’s functions. (Sec. 7, Rep. Act No. 6713)¹
• After separation: Section 7 generally continues its prohibitions for one year after resignation, retirement, or separation. It excepts private professional practice under paragraph (b)(2), but retains a one-year bar on practicing the profession in connection with a matter before the former office. (Sec. 7, Rep. Act No. 6713)¹
• Former government lawyers: CPRA Article 29 likewise bars private practice pertaining to a matter before the office where the lawyer was connected for one year after separation. It also prohibits accepting an engagement that could improperly influence proceedings the lawyer handled, intervened in, or previously had authority over while in service. (Art. 29, CPRA)³

Distinctions

Do not confuse permission to practice during incumbency with freedom to act for a private client after leaving office. The first question is whether the Constitution or law authorizes concurrent practice and whether a conflict exists or tends to arise. After separation, the inquiry turns to the proposed matter, the former office, and the applicable one-year restriction. (Sec. 7, Rep. Act No. 6713)¹ (Art. 29, CPRA)³

Section 7(b)(1) separately concerns roles in a private enterprise regulated, supervised, or licensed by the official’s office; Section 7(b)(2) concerns private professional practice. A government lawyer who is a law-firm partner must also consider CPRA Article 27: on assuming public office, the partner must withdraw from the firm and have their name removed from its name, unless concurrent practice is allowed by law. (Sec. 7, Rep. Act No. 6713)¹ (Art. 27, CPRA)⁴

Key doctrines

Government service does not remove a lawyer from professional regulation. CPRA Article 28 expressly contemplates disciplinary action for a government lawyer’s CPRA violation, apart from liability under other rules. The Court has also disciplined a lawyer for unauthorized practice after she failed to obtain written authority from the House of Representatives. (Art. 28, CPRA)² (Cruz v. Andres., A.C. No. 7121, 8 March 2022)⁵

A lawyer must not claim improper influence over government officers or use information obtained from a public position for personal gain. In Rosca v. Delmendo, those acts formed part of the misconduct for which the lawyer was disbarred. (Rosca v. Delmendo., A.C. No. 11795, 21 November 2023)⁶

Exceptions

The exception to the incumbency restriction requires constitutional or statutory authorization and an absence of actual or potential conflict with official functions. The post-separation exception permits private professional practice generally, but not practice connected with a matter before the former office during the one-year period. (Sec. 7, Rep. Act No. 6713)¹

Bar tip

For a government lawyer’s proposed private engagement, identify whether the lawyer is still in office, the source of any authority to practice, any conflict with official functions, and—if separated—the former office and matter involved. (Sec. 7, Rep. Act No. 6713)¹ (Art. 29, CPRA)³